Substitute House Bill 1170 - Content Developed or Modified by Artificial Intelligence (Washington, 2025)

Summary

Substitute House Bill 1170, State of Washington, 69th Legislature, 2025 Regular Session, by House Technology, Economic Development, & Veterans, read first time 01/31/25. The bill is an act relating to informing users when content is developed or modified by artificial intelligence, adding a new chapter to Title 19 RCW. It defines a covered provider as a person that produces a generative artificial intelligence system with over 1,000,000 monthly visitors or users, and requires a covered provider to make available, at no cost to the user, an artificial intelligence detection tool that lets a user assess whether image, video, or audio content was created or altered by the provider's system.

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Full text

     H-0915.1

                           SUBSTITUTE HOUSE BILL 1170


     State of Washington         69th Legislature       2025 Regular Session

     By House Technology, Economic Development, & Veterans (originally
     sponsored by Representatives Shavers, Taylor, Ryu, Ramel, Fosse,
     Wylie, Pollet, Ormsby, and Hill)

     READ FIRST TIME 01/31/25.




1        AN ACT Relating to informing users when content is developed or
2    modified by artificial intelligence; and adding a new chapter to
3    Title 19 RCW.


4    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:


 5       NEW SECTION.    Sec. 1.    The definitions in this section apply
 6   throughout   this  chapter   unless  the   context   clearly   requires
 7   otherwise.
 8       (1) "Artificial intelligence system" or "AI system" means an
 9   engineered or machine-based system that varies in its level of
10   autonomy and that can, for explicit or implicit objectives, infer
11   from the input it receives how to generate outputs that can influence
12   physical or virtual environments.
13       (2) "Covered provider" means a person that creates, codes, or
14   otherwise produces a generative artificial intelligence system that
15   has over 1,000,000 monthly visitors or users and is publicly
16   accessible within the geographic boundaries of the state. "Covered
17   provider" does not mean government agencies or tribal nations.
18       (3)   "Generative   artificial  intelligence   system"   means   an
19   artificial intelligence system that can generate derived synthetic
20   content, including text, images, video, and audio, that emulates the


                                       p. 1                         SHB 1170
 1   structure and characteristics of the artificial intelligence system's
 2   training data.
 3       (4) "Latent" means present but not manifest.
 4       (5) "Manifest" means easily perceived, understood, or recognized
 5   by a natural person.
 6       (6) "Metadata" means structural or descriptive information about
 7   data.
 8       (7) "Personal information" has the same meaning as defined in RCW
 9   19.255.005.
10       (8) "Personal provenance data" means provenance data that
11   contains either of the following:
12       (a) Personal information; or
13       (b) Unique device, system, or service information that is
14   reasonably capable of being associated with a particular user.
15       (9) "Provenance data" means data that is embedded into digital
16   content or that is included in the digital content's metadata for the
17   purpose of verifying the digital content's authenticity, origin, or
18   history of modification.
19       (10) "System provenance data" means provenance data that is not
20   reasonably capable of being associated with a particular user and
21   that contains either of the following:
22       (a) Information regarding the type of device, system, or service
23   that was used to generate a piece of digital content; or
24       (b) Information that helps a user assess authenticity.


25       NEW SECTION.     Sec. 2.    (1) A covered provider shall make
26   available an artificial intelligence detection tool at no cost to the
27   user that meets all of the following criteria:
28       (a) The tool allows a user to assess whether image, video, or
29   audio content, or content that is any combination thereof, was
30   created or altered by the covered provider's generative artificial
31   intelligence system;
32       (b) The tool outputs any system provenance data that is detected
33   in the content;
34       (c) The tool does not output any personal provenance data that is
35   detected in the content, to the extent technically feasible;
36       (d) The tool is publicly accessible, although a covered provider
37   may impose reasonable limitations on access to the tool to prevent,
38   or respond to, demonstrable risks to the security or integrity of its
39   generative artificial intelligence system;
                                     p. 2                         SHB 1170
 1       (e) The tool allows a user to upload content or provide a uniform
 2   resource locator linking to online content; and
 3       (f) The tool supports an application programming interface that
 4   allows a user to invoke the tool without visiting the covered
 5   provider's internet website.
 6       (2) A covered provider shall collect user feedback related to the
 7   efficacy of the covered provider's artificial intelligence detection
 8   tool and incorporate relevant feedback into any attempt to improve
 9   the efficacy of the tool.
10       (3) A covered provider may not do any of the following:
11       (a) Collect or retain personal information from users of the
12   covered provider's artificial intelligence detection tool, except:
13       (i) A covered provider may collect and retain the contact
14   information of a user who submits feedback pursuant to subsection (2)
15   of this section if the user opts in to being contacted by the covered
16   provider; and
17       (ii) User information collected may only be used to evaluate and
18   improve   the   efficacy   of  the   covered   provider's  artificial
19   intelligence detection tool;
20       (b) Retain any content submitted to the artificial intelligence
21   detection tool for longer than is necessary to comply with this
22   section; or
23       (c) Retain any personal provenance data from content submitted to
24   the artificial intelligence detection tool by a user.


25       NEW SECTION.   Sec. 3.   (1) A covered provider shall offer the
26   user the option to include a manifest disclosure in image, video, or
27   audio content, or content that is any combination thereof, created or
28   altered by the covered provider's generative artificial intelligence
29   system that meets all of the following criteria:
30       (a) The disclosure identifies content as AI-generated content;
31       (b) The disclosure is clear, conspicuous, appropriate for the
32   medium of the content, and understandable to a reasonable person; and
33       (c) The disclosure is permanent or extraordinarily difficult to
34   remove, to the extent it is technically feasible.
35       (2) A covered provider shall include a latent disclosure in AI-
36   generated image, video, or audio content, or content that is any
37   combination thereof, created by the covered provider's generative
38   artificial intelligence system that meets all of the following
39   criteria:
                                     p. 3                         SHB 1170
 1       (a) To the extent it is technically feasible and reasonable, the
 2   disclosure conveys all of the following information, either directly
 3   or through a link to a permanent internet website:
 4       (i) The name of the covered provider;
 5       (ii) The name and version number of the generative artificial
 6   intelligence system that created or altered the content;
 7       (iii) The time and date of the content's creation or alteration;
 8   and
 9       (iv) A unique identifier;
10       (b) The disclosure is detectable by the covered provider's
11   artificial intelligence detection tool;
12       (c) The disclosure is consistent with widely accepted industry
13   standards;
14       (d) The disclosure is permanent or extraordinarily difficult to
15   remove, to the extent it is technically feasible.
16       (3)(a) If a covered provider licenses its generative artificial
17   intelligence system to a third party, the covered provider shall
18   require by contract that the licensee maintain the system's
19   capability to include a disclosure required by subsection (2) of this
20   section in content the system creates or alters.
21       (b) If a covered provider knows that a third-party licensee
22   modified a licensed generative artificial intelligence system such
23   that it is no longer capable of including a disclosure required by
24   subsection (2) of this section in content the system creates or
25   alters, the covered provider shall revoke the license within 96 hours
26   of discovering the licensee's action.
27       (c) A third-party licensee shall cease using a licensed
28   generative artificial intelligence system after the license for the
29   system has been revoked by the covered provider pursuant to (b) of
30   this subsection.


31       NEW SECTION.   Sec. 4.   This act does not apply to any product,
32   service, internet website, or application that provides exclusively
33   video game, television, streaming, movie, or interactive experiences.


34       NEW SECTION.    Sec. 5.    (1) The legislature finds that the
35   practices covered by this chapter are matters vitally affecting the
36   public interest for the purpose of applying the consumer protection
37   act, chapter 19.86 RCW. A violation of this chapter is not reasonable
38   in relation to the development and preservation of business and is an
                                     p. 4                         SHB 1170
1    unfair or deceptive act in trade or commerce and an unfair method of
2    competition for the purpose of applying the consumer protection act,
3    chapter 19.86 RCW.
4        (2) The attorney general shall, prior to initiating any action
5    for a violation of any provisions of this chapter, issue a notice of
6    violation to the covered provider if the attorney general determines
7    that a cure is possible. If the covered provider fails to cure such
8    violation within 45 days of receipt of the notice of violation, the
9    attorney general may bring an action pursuant to this section.

10       NEW SECTION.     Sec. 6.    Sections 1   through   5   of   this   act
11   constitute a new chapter in Title 19 RCW.

                                 --- END ---




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